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(영문) 수원지방법원 평택지원 2016.07.28 2016고단923

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 17, 2015, the Defendant purchased a set-off car from a two-use car C business store located in Ansan-si B, and entered into a loan agreement with the victim Aju Capital Co., Ltd. to repay the total amount of KRW 21,90,000 per month of the principal and interest of KRW 361,910 per month for 72 months, and the victim company set up a mortgage at KRW 10,950,000 for the said car around August 19, 2015.

From November 2015, the Defendant borrowed KRW 5 million from F, which was urged to pay the principal and interest of a loan to the said passenger car from the victim company due to the failure to pay the principal and interest of the said passenger car from around December 2015, the Defendant provided the said passenger car for the purpose of securing the mortgage of the victim company, and accordingly, the delivery order of the G car from the Ulsan District Court at the request of the victim was impossible on January 21, 2016.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes to the protocol of impossibility of delivering automobiles;

1. Article 323 of the Criminal Act applicable to the crimes;

1. Determination on the application of the sentencing guidelines of Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended sentence: The scope of the recommended sentencing guidelines of the applicable O: consideration of all the general circumstances, including the fact that there exists no criminal history after June or year 2008 in the basic area (Interference with the Exercise of Rights).